2008-03-25

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 4

 

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (11)

 

REGRETS

Councillor E. Shapero, Councillor A. Chiu. (2)

 

 

The Regular Meeting of Council was held on March 25, 2008 at 7:06 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

J. Kee, Committee Clerk

K. Kitteringham, Deputy Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant

J. Wong, Technology Support Specialist

P. Loukes, Commission Lead, Operations and Waterworks

J. Carnegie, Director of Corporate Communications

G. Duncan, Senior Heritage Planner

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor C. Moretti declared a conflict of interest with respect to In-Camera Item, Clause (2) (Legal Matter Regarding Centennial Community Centre) as she is the Vice-President of Markham Centennial Bocce Club and President of Markham Bocce Association and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

(2)        Councillor J. Virgilio disclosed an interest with respect to By-laws 2008-49, 2008-51 and 2008-52 by nature of representing the owner of the subject property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 


 

 

2.         MINUTES

 

(1)        COUNCIL MINUTES
             - MARCH 4, 2008

            Minutes

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That the Minutes of the Council Meeting held on March 4, 2008, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

(1)        CITIZENSHIP CEREMONY AND
            FIRST BABY ADOPTED IN CANADA UNDER BILL C-14 (12.2.6)

 

Councillor J. Webster advised that he attended a Canadian Citizenship Ceremony on March 25, 2008 during which an infant became a Canadian Citizen; the child was the first foreign-born infant to be adopted under Bill C-14.

 

 

 

4.         DELEGATIONS

 

(1)        Brian Sherman, was in attendance to speak on behalf of Dr. Frank Shahidi, and addressed Council regarding the requirement for the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan.  He distributed three photographs for Council to review and indicated his client has spoken with Markham staff to challenge the characterization of the roof materials used as metal tile roofing and noted that the Town’s guidelines indicate that metal is acceptable.  He also indicated it would cost his client $175,000 to replace the roof with asphalt shingles. (16.11)
(Other Business 1)

 

 

(2)        Peter Ottensmeyer, Vice-President, Markham Concert Band, was in attendance and addressed Council regarding East Markham Community Centre & Library.  He thanked Council for recognizing and including the needs of a large and vibrant group of amateur choirs, orchestras, amateur theatre, concert bands, etc., in Markham. (6.6)
(Clause 4, Report No. 12, 2008)

 

 


 

5(a)      REPORT NO. 12 - GENERAL COMMITTEE (March 3, 2008)

 

Council consented to separate Clause (4).

 

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

 

That Report No. 12 - General Committee be received and adopted.

 

(1)        2008 SEXUAL HARASSMENT AWARENESS WEEK (13.12)

 

That the presentation by Ms. S. Dobson of the Women’s Support Network (WSN) of York Region regarding Sexual Harassment Awareness by received; and,

 

That the week of June 1st-7th, 2008 be proclaimed as “Sexual Harassment Awareness Week”; and further,

 

That the Director, Human Resources be directed to work with WSN to arrange an educational event such as a Lunch and Learn session on the topic.

 

 

(2)        MARKHAM WAXERS UPDATE (6.0)

            Report    Addendum

 

That the deputation from Mr. J. Cornacchia, on behalf of Markham Waxers Hockey Club, regarding rates for ice time and expressing concern with the ongoing disruption resulting from construction delays, be received; and,

 

That the hourly ice rates applicable to the Markham Waxers be $200 per hour for games and $144 per hour for practice sessions, effective from February 12, 2008; and,

 

That staff meet with representatives from the Markham Waxers to discuss options to mitigate disruption during the upcoming playoff games, including potentially relocating games to an alternative arena.

 

 

(3)        APPOINTMENTS AND RESIGNATIONS TO
ADVISORY COMMITTEES (16.0)

 

That the resignation of Mr. Tom Giantsopoulos from the Markham Public Art Advisory Committee be accepted with regret and a letter of appreciation be forwarded; and,

 

That the following persons be appointed to the Markham Public Art Advisory Committee for the term ending November 30, 2010:


 

Anderson Coward

Paul Leonidis

Judi McIntyre

Joanne Olson

Alina Tarbhai; and,

 

That the following appointments to the Canada Day Committee for 2008 be confirmed for the term ending November 30, 2008:

 

Willie Reiss

Ken Mack

Sam Sahoy

Mitch Reiss

Jeanne Bowman

Antonette DiNovo

Javaid Khan

Samuel Carr; and,

 

That the following appointments to the Box Grove Community Centre Board be confirmed for the term ending December 31, 2008:

 

Tom Farrar, Chair

Frank Orovits

Michael Cavanagh

Dan McCombe

Stan Buell

Murray Cresswell

Lorraine Crivaro

Karen Feddersen

Bodo Maslabey

James Newell

Bob Watt.

 

 

(4)        EAST MARKHAM COMMUNITY CENTRE & LIBRARY (6.6)

 

That the report titled “East Markham Community Centre & Library – Building Program” be received; and,

 

That the presentation by Shore Tilbe Irwin & Partners and Bregman + Hamann Architects highlighting the proposed building components be received; and,


 

That Council approves the recommended programs and associated space requirements contained in this report save and except the following:

               Gymnasium – space requirements to be revised to include a third gymnasium;

Library – to be increased by up to 2,000 square feet subject to design and programming restrictions and further consultation with Markham Public Libraries Board and the public; and,

 

That Council authorizes staff to proceed with schematic design having a Building Program of up to 130,000 square feet and consisting of the following components:

 

Aquatics

41,668

sq. ft.

Gymnasium (see Clause 3 above)

 

sq. ft.

Fitness

17,370

sq. ft.

Library (See Clause 3 above)

 

sq. ft.

     Medical Library

3,000

sq. ft.

Multi-Use/Rehearsal Space

7,700

sq. ft.

Older Adults

2,970

sq. ft.

Youth

2,670

sq. ft.

Dedicated Children's Indoor Playground

2,530

sq. ft.

Special Needs Room

500

sq. ft.

Common Areas

12,900

sq. ft.

 

That staff be directed to report back to Council the various schematic design options; and,

 

That staff further review the physical link between the Community Centre and the Markham Stouffville Hospital in order to maximize synergies; and,

 

That staff consider ways to enhance the integration of the proposed public plaza into the site plan; and,

 

That staff review and report back to Council on the underground parking proposal to determine whether it might be more cost effective to accommodate all parking requirements as surface parking until the proposed shared-cost parking structure is completed, with cost savings being used to fund additional programming space; and,

 

That staff be directed to pursue LEED Gold certification level subject to technical and financial considerations; and,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution; and further,


 

That staff review and report back on whether there should be a viewing gallery for the swimming pool and, if so, how to incorporate same into the plans.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor D. Horchik

            Seconded by Councillor J. Webster

 

            That Clause 4, Report No. 12 be amended to add the following paragraph:

 

            "That staff review and report back on whether there should be a viewing gallery for the swimming pool and, if so, how to incorporate same into the plans."

 

CARRIED

 

 

(5)        SATELLITE RECREATION POLICIES AGREEMENT
AMENDMENT (6.0)

            Report

 

That the report titled “Satellite Recreation Centre Policies Agreement” be received; and,

 

That authorization is given to amend the “Satellite Recreation Centre Policies Agreement” to reflect that the maintenance and replacement of the playground equipment at the German Mills Community Centre be the sole responsibility of the Town of Markham; and,

 

That authorization is given to the German Mills Board to amend their lease with the German Mills Co-operative Nursery School to reflect the amendment in the “Satellite Recreation Centre Policies Agreement”; and further,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

(6)        UNIONVILLE WINTER TENNIS CLUB PROPOSED (6.8)

            Report     2008 Business Plan   Project Timelines

 

That the report titled “Unionville Winter Tennis Club in Carlton Park-Business Plan” be received; and,

 

That staff be authorized to proceed with a public consultation meeting with residents of the neighbourhood, and other interested parties; and,

 

That staff report back to Council with the results of the public meeting with recommendations; and further,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.


 

 

(7)        TOWN OF NEWMARKET
PENALTIES FOR THE MISUSE OF
DISABLED PERSONS PARKING (13.5.2)

            Letter

 

That the letter dated February 11, 2008 from the Town of Newmarket containing a resolution passed by Council to request the Premier of Ontario to take action to eliminate the misuse of disabled parking permits and parking spaces be received and endorsed; and

 

That the letter dated February 11, 2008 from the Town of Newmarket be referred to the Markham Advisory Committee on Accessibility.

 

 

CARRIED

 

 

 

5(b)      REPORT NO. 13 - GENERAL COMMITTEE (March 17, 2008)

 

Council consented to separate Clauses (1), (7) and (9).

 

Moved by Councillor J. Virgilio

Seconded by Councillor V. Burke

 

That Report No. 13 - General Committee be received and adopted.

 

(1)        COUNCIL ISSUES (16.0)

            Presentation

 

That Council Procedural By-law #2001-1 be amended to provide for delegations to be heard at either at the beginning of the meeting or just prior to the beginning of the specific item; and,

 

That Council Procedural By-law #2001-1 be amended to provide that New/Other Business items will only be for information items, and not action items; and,

 

That the Building and Parks Construction Committee be dissolved; and,

 

That Council Procedural By-law #2001-1 be amended to include the mandate of the Building and Parks Construction Committee in the Terms of Reference for the General Committee mandate; and,

 

That Council Procedural By-law #2001-1 be further amended to provide for the appointment of a Chair and Vice-Chair for Building and Parks Construction issues; and,


 

That the information regarding suggested changes to the composition and terms of reference of the Licensing Hearing Committee be received; and,

 

That Councillor C. Moretti be appointed as Chair for the Building and Parks Construction issues of the General Committee.

(By-law 2008-46)

 

CARRIED

(See following motion which was lost)

 

            Moved by Councillor J. Webster

            Seconded by Deputy Mayor J. Heath

 

            That Paragraphs 3, 4 and 5 of Clause 1, Report No. 13, be amended to be deferred in order to allow the Library Board to review the issue at its April 7, 2008 meeting.

LOST

 

            Council separated Paragraphs 1 to 7 of Clause 1, Report No. 13, for discussion purposes.

 

 

(2)        APPOINTMENTS/RESIGNATIONS TO ADVISORY
            BOARDS/COMMITTEES (16.0)

 

That the resignation of Councillor Alex Chiu from the Markham Theatre Advisory Board be accepted with regret; and,

 

That another Councillor be appointed for the term ending November 30, 2008.

 

 

(3)        STATUS OF CAPITAL PROJECTS AS OF DECEMBER 31, 2007 (7.5)

            Report

 

That the report dated March 17, 2008 entitled “Status of Capital Projects as of December 31, 2007” be received; and,

 

That $6.91M from closed capital projects be transferred to the sources of funding as listed on Exhibit A entitled “Summary of Closed Capital Projects by Account”; and,

 

That projects listed on Exhibit B entitled “Summary of Completed Open Capital Projects Pending Payment of Final Invoices” be closed upon payment of final invoices and any outstanding amount returned to/from the original sources of funding; and,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.

 


 

(4)        2007 REVIEW OF OPERATIONS (7.4)

            Report Appendices

 

That the report dated March 17, 2008 entitled “2007 Review of Operations” be received; and,

 

That the final 2007 Operating Surpluses for the Town of Markham (“Town”). Building Standards and Waterworks Departments be transferred to the Town’s respective reserves in accordance with the Town’s reserve policy.

 

 

(5)        AWARD OF CONTRACT #011-S-08 LABORATORY
            SAMPLING ANALYSIS (7.9)

            Report  Attachment

 

That the report entitled “Award of Contract #011-S-08 Laboratory Sampling Analysis” be received; and,

 

That the contract for #011-S-08 Laboratory Sampling Analysis be awarded to the preferred supplier York Regional Laboratory in the estimated contract value of $534,477.00 exclusive of GST for a period of three (3) years; and,

 

That the tender process be waived in accordance with Purchasing Bylaw 2004-341, Part 11, Section 7(1)h which states “where it is necessary or in the best interest of the Town to acquire non-standard items or Professional Services from a preferred supplier”; and,

 

That funds for this contract for the 2008 period be drawn from the 2008 Operating Budget Accounts as listed under financial considerations in the estimated amount of $178,159.00 exclusive of GST; and,

 

That the following 2009-2010 estimated amounts be provided for within the respective years budget submission for the Waterworks Department:

 

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

 


 

(6)        AWARD OF TENDER #012-T-08 FLOOD STORAGE
            IMPROVEMENTS HIGHWAY 7 AND WOODBINE AVENUE (7.9)

            Report

 

That the report entitled “Award of Tender #012-T-08 Flood Storage Improvements Highway 7 and Woodbine Avenue” be received; and,

 

That the contract for Tender #012-T-08 Flood Storage Improvements Highway 7 and Woodbine Avenue be awarded to the lowest price qualified bidder, Lakeside Contracting Company Limited in the amount of $412,184.68 exclusive of GST; and,

 

That a contingency amount of $49,500.00 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specific limit; and,

 

That  a contingency amount of $8,500.00 exclusive of GST be established to cover any design consultation required during construction of the project and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specific limit; and,

 

That staff be authorized to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical and materials testing services during construction for an upset limit not to exceed $20,000.00 exclusive of GST; and,

 

That the Capital Budget account # 83-5350-5212-005 be amended to $648,662.40 funded cooperatively through a Developer contribution of $145,000.00, the Region of York contributing $251,831.20 and Town contribution of $251,831.20.  The Town’s proportionate share is funded from existing pre-DCA reserve $27,500.00 and transfers of $51,831.20 from capital account 83-5350-6777-005 and $172,500.00 from 83-6150-8377-005 respectively; and,

 

That staff be authorized to front end the Region of York’s proportionate share of $251,831.20 until all costs are finalized.  Front end costs will be funded through a transfer from capital account 83-6150-8377-005; and,

 

That upon payment of all invoices, any remaining funds be returned to the original funding source; and,

 

That Staff be authorized and directed to do all things necessary to give effect to this resolution; and further,

 

That staff be requested to arrange a meeting with the Toronto Wildlife Centre to discuss the mitigation of wildlife concerns in this area.

 


 

(7)        CLICK WITH MARKHAM – BUILDING MARKHAM’S
FUTURE TOGETHER - COUNCIL’S STRATEGIC
AREAS OF FOCUS (12.0)

            Report  Attachment

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor T. Wong

 

That Council defer and refer the discussion of "Click With Markham – Building Markham’s Future Together" to the "Other Business" Section of this meeting.

 

CARRIED

 

 

(8)        DEVELOPMENT CHARGE DEFERRAL AGREEMENT AND
            ASSUMPTION H & W DEVELOPMENT CORP. (7.11)

            Report

 

That the report entitled “Development Charge Deferral Agreement and Assumption – H & W Development Corp.” be received; and,

 

That the Town consent to an assignment of the Development Charges Deferral Agreement executed by 2015776 Ontario Inc. (Liberty Developments) in favor of its successor in title, H & W Development Corp.; and,

 

That the Mayor and Clerk be authorized and directed to execute and assignment in a form satisfactory to the Town Solicitor; and,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

(9)        REVIEW OF THE PROVISION OF WASHROOM FACILITIES IN
            THE UNIONVILLE MAIN STREET AND
            OTHER TOURIST AREAS (3.0)

            Report

 

That the report titled “Review of the Provision of Washroom Facilities in the Unionville Main Street Area and other Tourist Areas” dated February 29, 2008 be received; and,

 

That Council authorizes staff to review for the provision of washroom facilities in the Unionville Main Street Business Area; and,

 

That Council authorizes staff to retain the services of a consultant to assist staff in the development of a general policy on the provision of washroom facilities and other public services to support tourist areas of the Town; and,


 

That funding in the amount of $15,000 for the consultant services be obtained from the 2008 Capital Account, 056-5399-8477-005 New Public Washroom Feasibility Plan (budget of $100,000); and,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(10)      SUMMARY OF 2007 REMUNERATION AND EXPENSES
            FOR COUNCILLORS AND APPOINTEES TO BOARDS (7.0)

            Report

 

That Council receive for information the March 17, 2008 report entitled “Summary of 2007 Remuneration & Expenses for Councillors and Appointees to Boards”; and,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

(11)      APPOINTMENTS TO ADVISORY COMMITTEES (16.0)

 

That Ann Laxton be appointed to the Stiver Mill Preservation Committee.

 

CARRIED

 

 

 

5(c)      REPORT NO. 14 - DEVELOPMENT SERVICES COMMITTEE (March 4, 2008)

 

Moved by Councillor J. Webster

Seconded by Regional Councillor T. Wong

 

That Report No. 14 - Development Services Committee be received and adopted.

 

(1)        TORONTO AND REGION CONSERVATION AUTHORITY
            – PETTICOAT CREEK WATERSHED REQUEST FOR FUNDING
            (RECOMMENDATION OF ENVIRONMENTAL ISSUES COMMITTEE) (13.13.2)

            Report  Attachment

 

Whereas the Environmental Issues Committee has reviewed the request for funding from the Toronto Region Conservation Authority (TRCA) for the Petticoat Creek Watershed strategy development; and,

 

Whereas the Environmental Issues Committee supports the request for funding, in principle; and,


 

Therefore be it resolved that the Environmental Issues Committee requests that funding, in the amount of $5,000, be provided through a Development Services Commission account; and further,

 

That the account be provided through the Planning Capital Contingency account number

080 7955 7353 002.

 

CARRIED

 

 

 

5(d)      REPORT NO. 15 - DEVELOPMENT SERVICES COMMITTEE (March 18, 2008)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 15 - Development Services Committee be received and adopted.

 

(1)        ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3752, 65M-3877, 65M-3810,
65R-26665 PART 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610,
65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607,
65M-3864 AND 65M-3796 (10.7)

            Report

 

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3752, 65M-3877, 65M-3810, 65R-26665 Part 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610, 65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607, 65M-3864 and 65M-3796, dated March 18, 2008, be received; and,

 

That the services in Subdivision Registered Plan Numbers 65M-3752, 65M-3877, 65M-3810, 65R-26665 Part 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610, 65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607, 65M-3864 and 65M-3796, dated March 18, 2008  be accepted for maintenance; and,

 

That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham; and,

 

That the Community Services Commission accepts responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system; and,

 

That acceptance of the subdivision be taken into consideration in future operating budgets; and,


 

That the Acceptance for Maintenance Period commence January 1, 2008; and,

 

That the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stop to the indicated streets, be approved; and,

 

That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,

 

That the by-law to amend Schedule ‘C’ of the Parking By-law # 2005-188, by including no parking on the streets indicated, be approved; and,

 

That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and,

 

That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

(By-laws 2008-47 to 2008-64)

 

 

(2)        SUSTAINABLE DEVELOPMENT STANDARDS
            AND GUIDELINES:
            - REQUEST FOR PROPOSALS
            - INTERIM SUSTAINABILITY MEASURES (10.0)

            Report  Attachment

 

That the report dated March 18, 2008 titled “Sustainable Development Standards and Guidelines” be received; and,

 

That the Request For Proposal attached as Appendix “A” to the report titled “Sustainable Development Standards and Guidelines” be revised to include a contextual paragraph referencing climate change and reduction of green house emissions; and,

 

That Council endorse the revised Request For Proposal attached as Appendix “A’; and,

 

That the members of the Environmental Issues Committee act as a steering committee for the duration of the study and finalization of the guidelines; and,

 

That Council adopt minimum LEED Silver standard for all new municipal buildings and major additions/renovations to municipal buildings; and,

 

That, as an interim measure to remain in place until completion of the Sustainable Development Standards and Guidelines Study, Council confirm LEED silver as the minimum standard for all new medium and high density residential developments; and,


 

That, as an interim measure to remain in place until completion of the Sustainable Development Standards and Guidelines Study, Council encourage institutional, commercial and industrial developers to apply site development and building construction techniques that reduce heat island effect, minimize storm water run-off, increase infiltration, include rain water harvesting, grey water re-use, cool roofs and green roofs, permeable paving, landscaping, energy efficiency and general water conservation and lead to more energy efficient and environmentally sensitive developments; and,

 

That, as an interim measure to remain in place until completion of the Sustainable Development Standards and Guidelines Study, Council encourage builders to apply Energy Star standards, as developed by Natural Resources Canada (NR Can), for low density housing; and,

 

That staff consult with the development industry, through the Developers Round Table, and report back to Development Services Committee on any implementation issues pertaining to the interim measures and the study process; and,

 

That the transition process for current development applications, as outlined in this report, be endorsed; and,

 

That, as part of the study, an Official Plan Amendment be prepared to ensure the Town fully utilizes the new provisions of Section 41(4) (2) of the Planning Act, as introduced through Bill 51; and,

 

That the Town of Markham request that the Province of Ontario expedite changes to the Ontario Building Code to incorporate new standards and requirements for all building types (including residential, ICI and municipal buildings) such as LEED certification, Energy Star and continuous improvements related to sustainable sites and built form; improved energy efficiency in buildings; improved air quality (indoor and outdoor); improved water quality and efficiency; management of solid waste; and enhanced urban ecology; as soon as possible (prior to the current target date of 2011); and,

 

That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

(3)        RECOMMENDATION REPORT
- APPLICATION BY 1547155 ONTARIO LTD. FOR
 SITE PLAN APPROVAL TO PERMIT A 46 UNIT RESIDENTIAL CONDOMINIUM WITH GRADE-LEVEL RETAIL AT 7751 YONGE STREET, SOUTHEAST CORNER OF YONGE STREET AND THORNHILL SUMMIT DRIVE – THORNHILL HERITAGE CONSERVATION DISTRICT
(FILE NO. SC 06 135980) (10.6)

            Report  Attachments

 

That the site plan application (SC 06 135980) submitted by 15471255 Ontario Ltd. dated February 21, 2008, to permit a 46 unit residential condominium with grade-level retail at 7751 Yonge Street, be endorsed in principle subject to the general and specific conditions set out in Appendix ‘A’ as attached to the staff report dated March 18, 2008; and,


 

That staff be directed to request the Ontario Municipal Board to approve the conditions of site plan approval set out in Appendix A including any modifications made by the Director of Planning and Urban Design; and to delegate final site plan approval to the Director of Planning and Urban Design or her designate in consultation with the Ward 1 Councillor, subject to those conditions; and,

 

That staff be authorized to do all things necessary to give effect to this resolution.

 

 

(4)        REVISED SITE PLAN APPLICATION
TER-SKY DEVELOPMENTS/CALIBER HOMES
PRESERVATION OF A HERITAGE HOUSE
29 JAMES WALKER COURT
MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
FILE NO.:  SC 05 022910 (10.6)

            Report  Attachments

 

That Council endorse the revised Site Plan Control Application for 29 James Walker Court for approval, subject to the conditions outlined in Appendix “B” attached to the staff report dated March 18, 2008; and,

 

That a provision be included in the Site Plan Agreement requiring that fencing along the Main Street South frontage be limited in height to four feet (the maximum height of a front yard fence) to maintain an open view to the original façade; and, 

 

That a warning clause be included in any future purchase and sale agreement, and in the site plan agreement, and be registered on title, regarding the Environmental Assessment and the potential need for the heritage house to be moved back from its existing location on Main Street; and further,

 

That the site plan agreement will contain appropriate provisions to ensure the completion of the exterior restoration, tree preservation and other details of site development.

 

CARRIED

 

 


 

6.         MOTIONS

 

Council consented to add Motions (1) to (3).

 

(1)        CITIZENSHIP CEREMONY AND
            FIRST BABY ADOPTED IN CANADA UNDER BILL C-14 (12.2.6)

 

Moved by Regional Councillor T. Wong

Seconded by Councillor L. Kanapathi

 

That the presentation by Councillor J. Webster regarding his attendance at a Canadian Citizenship Ceremony on March 25, 2008 during which an infant became a Canadian Citizen; the child was the first foreign-born infant to be adopted under Bill C-14, be received.

(Presentation 1)

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

 

 

(2)        BRIAN SHERMAN
            HERITAGE PERMIT APPLICATION
            METAL TILE ROOF FOR MARKHAM VILLAGE LANES
            140-152 MAIN STREET NORTH; 12 WILSON STREET
            APPLICANT: DAVID JOHNSTON/1209094 ONTARIO LIMITED
            MARKHAM VILLAGE HERITAGE
            CONSERVATION DISTRICT HE 07 131343 (16.11)

 

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Heath

 

That the delegation by Mr. Brian Sherman, on behalf of Dr. Frank Shahidi, regarding the requirement for the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan, be received.

(Delegation 1)

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

 


 

(3)        PETER OTTENSMEYER
EAST MARKHAM COMMUNITY
CENTRE & LIBRARY (6.6)

 

Moved by Councillor J. Webster

Seconded by Deputy Mayor J. Heath

 

That the delegation by Mr. Peter Ottensmeyer, Vice-President, Markham Concert Band, regarding East Markham Community Centre & Library, be received.

(Delegation 2)

 

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

 

 

 

 

7.         COMMUNICATIONS

 

Moved by Councillor J. Webster

Seconded by Councillor L. Kanapathi

 

That Council receive and consent to the disposition of communications in the following manner:

 

Referred to all Members of Council

16-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for The Fish House Woodbine, 7501 Woodbine Avenue (outdoor). (3.21)

                        Info

 

17-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Oregano Pizza and Pasta 2, 300 John Street, Unit 110 (indoor and outdoor) (3.21)

                        Info

 

18-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Hemingway Arms Restaurant & Bar, 144 Main Street North, Unit 18 (indoor and outdoor) (3.21) Info

 

19-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Bridges Bar and Restaurant, 72 Copper Creek Drive (indoor and outdoor) (3.21)

                        Info


 

20-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Moon Walk, 58 Main Street North Markham, Units 6 & 7 (indoor and outdoor) (3.21)

                        Info

 

21-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Sao Viet Noodle Restaurant, 5 Glen Cameron Road, Unit 23A (indoor) (3.21)

                        Info

 

 

Referred to Town Solicitor & Commissioner of Development Services

22-2008           Ontario Municipal Board - Forwarding a memorandum to summarize the results of a mediation session held on January 23, 2008 regarding the appeals for the properties on Langstaff Road. (13.13)

                        Letter 

 

23-2008           Ontario Municipal Board - Forwarding an Appointment of Hearing regarding the appeals for Official Plan Amendment No. 149 (Highway 404 North Secondary Plan Amendment). (13.13)

                        Letter

 

24-2008           Ontario Municipal Board - Forwarding an Order of the Board of March 12, 2008 regarding the appeal submitted by 1358023 Ontario Limited for a Site Plan approval at 7760 Markham Road. (13.13)

                        Letter

 

CARRIED

 

 

 

8.         PROCLAMATIONS

 

(1)        PROCLAMATIONS (3.4)

            Info 

 

Moved by Regional Councillor T. Wong

Seconded by Regional Councillor G. Landon

 

That the following be proclaimed in the Town of Markham:

-           Parkinson's Disease Awareness Month (April 2008)

-           Naturopathic Medicine Week (May 4 to 11, 2008)

-           National Missing Children's Day (May 25, 2008)

            & Green Ribbon of Hope Month (May 2008); and,


 

That the Corporate Communications Department be requested to publish the above proclamations in the local newspapers.

 

CARRIED

 

 

 

9.         OTHER BUSINESS

 

Council consented to discuss Clause (7), Report No. 13 regarding "Click with Markham" under Other Business (3).

 

 

(1)        HERITAGE PERMIT APPLICATION
            METAL TILE ROOF FOR MARKHAM VILLAGE LANES
            140-152 MAIN STREET NORTH; 12 WILSON STREET
            APPLICANT: DAVID JOHNSTON/1209094 ONTARIO LIMITED
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT HE 07 131343 (16.11)

            Report   Attachment  Letter

 

That the following recommendation of the Development Services Committee from the meeting held on February 5, 2008 be approved and adopted:

 

"That in response to Heritage Permit Application HE 07 131344, Council require the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan; and,

 

That the metal tile roofing be permitted to remain on all portions of Markham Village Lanes that are not considered heritage buildings; and,

 

That Staff be authorized and directed to do all things necessary to give effect to this resolution."; and,

 

That staff be directed to work with the property owner to negotiate a specific timeframe for removal of the metal tile roofing material from the heritage buildings; and,


 

That staff report back to Council for approval with respect to a reasonable timeframe for compliance.

CARRIED AS AMENDED ON A RECORDED (8:3)

(See following recorded vote)

(See following motion to amend)

 

YEAS:            Mayor F. Scarpitti, Deputy Mayor J. Heath, Councillor V. Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (8)

 

NAYS:           Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon. (3)

 

ABSENT:       Councillor E. Shapero, Councillor A. Chiu. (2)

 

 

            Moved by Councillor J. Webster

            Seconded by Deputy Mayor J. Heath

 

            That Other Business (1) be amended to add the following paragraphs:

 

"That staff be directed to work with the property owner to negotiate a specific timeframe for removal of the metal tile roofing material from the heritage buildings; and,

 

That staff report back to Council for approval with respect to a reasonable timeframe for compliance."

 

CARRIED ON A RECORDED VOTE (10:1)

(See following recorded vote)

 

YEAS:            Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Councillor V. Burke, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi.  (10)

 

NAYS:           Regional Councillor G. Landon. (1)

 

ABSENT:       Councillor E. Shapero, Councillor A. Chiu. (2)

 


 

(2)        LOGOS BAPTIST CHURCH (MILLIKEN)-CONVEYANCE
            OF PART 2, PLAN 65R-16587, ABUTTING 133 OLD
            KENNEDY ROAD (8.1)

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

Moved by Deputy Mayor J. Heath

Seconded by Regional Councillor T. Wong

 

That the notice of the proposed sale for the Town own lands legally described as Part 2, Plan 65R-16587, abutting 133 Old Kennedy Road, be confirmed.

(In-Camera Clause No. (1))

CARRIED

 

 

(3)        CLICK WITH MARKHAM – BUILDING MARKHAM’S
FUTURE TOGETHER - COUNCIL’S STRATEGIC
AREAS OF FOCUS (12.0)

            Report  Attachment  Memo

 

That the report entitled “Click With Markham – Council’s Strategic Areas of Focus” be received; and,

 

That the memo dated March 25, 2008 from Acting Director of Strategic Initiatives outlining the revisions to Appendix 1 - Building Markham's Future Together, be received; and,

 

That Council approve the six strategic areas of focus: Growth Management, Transportation/Transit, Environment, Municipal Services, Parks, Recreation, Culture & Library Master Plan/Public Safety, and Diversity; and,

 

That Council approve the corresponding issue statement, action plans and phasing targets for each of the six strategic areas of focus; and,

 

That Staff be authorized and directed to do all things necessary to give effect to this resolution; and,

 

That all references to the “Click With Markham” initiative include the words: “Building Markham’s Future Together”; and,

 

That Corporate Communications staff be directed to develop a user-friendly public document that would include the issue statement, action plans and phasing targets for each of the six strategic areas of focus, and such document be made available in all community centres, libraries and on the Town’s website; and,


 

That the following revisions be incorporated into Appendix 1 - Building Markham's Future Together:

 

In the Environment Section

 

·          The issue statement (p. 19) to be revised to read as follows:

            "Globally, human activity is significantly impacting and altering the natural environment, affecting our air, land, water and habitat and therefore impacting Markham’s quality of life. There is an urgent need for a coordinated and comprehensive strategy to enable us to continue to be a leader in environmental sustainability, to protect the natural environment and to advance innovation in our built form."

 

In the Diversity Section

 

·          Paragraph 1(b) under Action Plans (p.46) – “and promotion” should be added after the word “recruitment”.

·          Paragraph 5 under Action Plans (p.47) – in line 1, the word “residents” should replace “constituents” and any other place where that happens.

 

In the Transportation/Transit Section (p.12), Action Plan, Paragraph 1

 

To be revised to read as follows:

"1.        Work in partnership with the Region and other levels of Government, including Metrolinx, GO Transit, Toronto and various stakeholders to develop a vision, implementation strategy, funding model and service delivery that establishes an improved and integrated GTA transit system and road network. We will also need to address road network improvements; including 400 series highways, local and regional roads."

 

In the Transportation/Transit Section (p.12), Action Plan, Paragraph 2

 

To be revised to read as follows:

"2.        Develop Rapid transit options, including but not limited to, Yonge subway extension up to Highway 7, Viva and/or GO "Centre to Centre" service, high order transit corridors within Markham, improved GO service levels on the Stouffville, Richmond Hill and Havelock Lines and services along the 407, supported by sufficient local transit service."

 

In the Transportation/Transit Section (p.12), What can “you” expect from us?

 

Add an additional row as follows:

 

"Finalize inter-regional transit hubs at the Havelock GO Line/407/Donald Cousens Parkway with GO Transit, Ministry of Transportation of Ontario and Viva Transit."


 

In the Transportation/Transit Section (p.13), Action Plan 1

 

To be revised to read as follows:

            "Action Plan: 1 Work in partnership with the Region and other levels of Government, including Metrolinx, GO Transit, Toronto and various stakeholders to develop a vision, implementation strategy, funding model and service delivery that establishes an improved and integrated GTA transit system and road network. We will also need to address road network improvements; including 400 series highways, local and regional roads."

 

In the Transportation/Transit Section (p.15), Action Plan 2, Paragraph 1 What are the high level planning and tactical activities required in order for this action item to succeed?, Bullet 2

 

To be revised to read as follows:

·          "Town needs to participate to ensure Markham's issues on transit strategy and facility locations are addressed and that transit services are integrated."

 

In the Transportation/Transit Section (p.15), Action Plan 2, Paragraph 2 What are the milestone performance measurements over the next 4 years?

 

Add an additional bullet as follows:

·          "Inter-regional transit hub at Havelock GO Line/407/Donald Cousens Parkway."

 

CARRIED AS AMENDED ON A RECORDED VOTE (10:0)

(See following unanimous recorded vote)

(See following motion to amend)

 

 

YEAS:            Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor V. Burke,  Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (10)

 

ABSENT:       Regional Councillor T. Wong, Councillor E. Shapero, Councillor A. Chiu. (3)

 

 

            Moved by Deputy Mayor J. Heath

            Seconded by Councillor C. Moretti

 

            That Other Business (3) be amended to add the following:

 

"That the memo dated March 25, 2008 from Acting Director of Strategic Initiatives outlining the revisions to Appendix 1 - Building Markham's Future Together, be received.; and,


 

            That the following revisions be incorporated into Appendix 1 - Building Markham's Future Together:

 

In the Environment Section

 

·          The issue statement (p. 19) to be revised to read as follows:

            "Globally, human activity is significantly impacting and altering the natural environment, affecting our air, land, water and habitat and therefore impacting Markham’s quality of life. There is an urgent need for a coordinated and comprehensive strategy to enable us to continue to be a leader in environmental sustainability, to protect the natural environment and to advance innovation in our built form."

 

In the Diversity Section

 

·          Paragraph 1(b) under Action Plans (p.46) – “and promotion” should be added after the word “recruitment”.

·          Paragraph 5 under Action Plans (p.47) – in line 1, the word “residents” should replace “constituents” and any other place where that happens.

 

In the Transportation/Transit Section (p.12), Action Plan, Paragraph 1

 

To be revised to read as follows:

"1.        Work in partnership with the Region and other levels of Government, including Metrolinx, GO Transit, Toronto and various stakeholders to develop a vision, implementation strategy, funding model and service delivery that establishes an improved and integrated GTA transit system and road network. We will also need to address road network improvements; including 400 series highways, local and regional roads."

 

In the Transportation/Transit Section (p.12), Action Plan, Paragraph 2

 

To be revised to read as follows:

"2.        Develop Rapid transit options, including but not limited to, Yonge subway extension up to Highway 7, Viva and/or GO "Centre to Centre" service, high order transit corridors within Markham, improved GO service levels on the Stouffville, Richmond Hill and Havelock Lines and services along the 407, supported by sufficient local transit service."

 

In the Transportation/Transit Section (p.12), What can “you” expect from us?

 

Add an additional row as follows:

 

"Finalize inter-regional transit hubs at the Havelock GO Line/407/Donald Cousens Parkway with GO Transit, Ministry of Transportation of Ontario and Viva Transit."


 

In the Transportation/Transit Section (p.13), Action Plan 1

 

To be revised to read as follows:

            "Action Plan: 1 Work in partnership with the Region and other levels of Government, including Metrolinx, GO Transit, Toronto and various stakeholders to develop a vision, implementation strategy, funding model and service delivery that establishes an improved and integrated GTA transit system and road network. We will also need to address road network improvements; including 400 series highways, local and regional roads."

 

In the Transportation/Transit Section (p.15), Action Plan 2, Paragraph 1 What are the high level planning and tactical activities required in order for this action item to succeed?, Bullet 2

 

To be revised to read as follows:

·          "Town needs to participate to ensure Markham's issues on transit strategy and facility locations are addressed and that transit services are integrated."

 

In the Transportation/Transit Section (p.15), Action Plan 2, Paragraph 2 What are the milestone performance measurements over the next 4 years?

 

Add an additional bullet as follows:

·          "Inter-regional transit hub at Havelock GO Line/407/Donald Cousens Parkway."

 

CARRIED

 

 


 

10.       BY-LAWS

 

Council consented to separate By-laws 2008-49, 2008-51 and 2008-52.

 

Moved by Councillor D. Horchik

Seconded by Deputy Mayor J. Heath

 

That By-laws 2008-46 to 2008-48, 2008-50 and 2008-53 to 2008-67 be given three readings and enacted.

CARRIED

 

 

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Webster

 

That By-laws 2008-49, 2008-51 and 2008-52 be given three readings and enacted.

CARRIED

(Councillor J. Virgilio abstained)

 

 

Three Readings

 

BY-LAW 2008-46      A by-law to amend Procedural By-law 2001-1 (Various administrative amendments).
(Clause 1, Report No. 13, 2008)

                                    By-law

 

BY-LAW 2008-47      A by-law to establish streets laid out according to Plan of Subdivision 65M-3752 as public highways (Grand Life Boulevard Corporation, Part of Lots 21 and 22, Concession 4 - Adastra Crescent, Castleview Crescent, River Valley Crescent and Rockliffe Gate).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-48      A by-law to establish streets laid out according to Plan of Subdivision 65M-3877 as public highways (Grand Life Boulevard Corporation, Part of Lots 21 and 22, Concession 4 - Murray Spiers Court).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-49      A by-law to establish streets laid out according to Plan of Subdivision 65M-3810 as public highways (Rodeo Fine Homes Inc., Part of Lot 11, Concession 5 - Chimenti Court).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law                                                                                         CARRIED

(Councillor J. Virgilio abstained)


 

BY-LAW 2008-50      A by-law to establish streets as public highway being Part of Block 3, Plan 65M-2503, designated as Part 4, Plan 65R-26665 (The Corporation of the Town of Markham - Circa Drive).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-51      A by-law to establish streets laid out according to Plan of Subdivision 65M-3863 as public highways (Kindwin Markham Limited, Block 8, Plan 65M-3651 and Part of Lot 18, Concession 6 - Gable Avenue, Olivia Drive, William Berczy Boulevard, Williams Street and Lane).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law                                                                                         CARRIED

(Councillor J. Virgilio abstained)

 

BY-LAW 2008-52      A by-law to establish streets laid out according to Plan of Subdivision 65M-3651 as public highways (Kindwin Markham Limited, Part of Lot 18, Concession 6 - Olivia Drive and Lane).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law                                                                                         CARRIED

(Councillor J. Virgilio abstained)

 

BY-LAW 2008-53      A by-law to establish streets laid out according to Plan of Subdivision 65M-3600 as public highways (Merano Developments Inc, Part of Lot 17, Concession 8 - Balmano Road, Bloomsbury Road, Cornerstone Road, Northside Road, Miramar Drive, Osmond Appleton Road, Park Place Drive, Royal Crown Road, Sunburst Crescent, Swan Park Road, William Grant Road and Williamson Road).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-54      A by-law to establish streets laid out according to Plan of Subdivision 65M-3610 as public highways (Dovcom Realty Inc., Part of Lot 19, Concession 7 - Castlemore Avenue, Roy Rainey Avenue, Omega Street, Moscan Street, Lampton Crescent, Laconda Street and Fred McLaren Boulevard).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-55      A by-law to establish streets laid out according to Plan of Subdivision 65M-3611 as public highways (Danvest Wismer Investments Limited and Dovcom Realty Inc., Part of Lots 19 and 20, Concession 7 - Landsdown Crescent (north portions and south portion), Stricker Avenue, Eakin Mill Road (north portion and southwest portion), Fred McLaren Boulevard and Staynor Crescent).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law


 

BY-LAW 2008-56      A by-law to establish streets laid out according to Plan of Subdivision 65M-3612 as public highways (Danvest Wismer Investments Limited, Part of Lot 20, Concession 7 - Stricker Avenue, Hammersly Boulevard, Eakin Mill Road and Landsdown Crescent).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-57      A by-law to establish streets laid out according to Plan of Subdivision 65M-3613 as public highways (Danvest Wismer Investments Limited, Part of Lot 19, Concession 7 - Lane A, Davidoff Street, Comeau Street, Vecchia Street and Omega Street).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-58      A by-law to establish streets laid out according to Plan of Subdivision 65M-3771 as public highways (Danvest Wismer Investments Limited, Part of Lot 20, Concession 7 - Pineforest Place and Hammersly Boulevard).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-59      A by-law to establish streets laid out according to Plan of Subdivision 65M-3607 as public highways (15th Avenue Home Builders Inc., Part of Lot 20, Concession 7 - Redkey Drive, Boxhill Road, Dunnet Street, Ramsgate Court, Tormina Court and Tillie Square).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-60      A by-law to establish streets laid out according to Plan of Subdivision 65M-3864 as public highways (Cloverwood Estates Inc., Part of Lot 4, Concession 7 - Walford Road).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-61      A by-law to establish streets laid out according to Plan of Subdivision 65M-3796 as public highways (Karvon Enterprises Ltd., Part of Lots 3, 4 and 5, Plan 4299 - Maple Ridge Crescent and Willow Trail Road).

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-62      A by-law to amend Traffic By-law 106-71 (Compulsory Signs - 65M-3752, 65M-3877, 65M-3810, 65R-26665, Part 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610, 65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607, 65M-3864 and 65M-3796)

                                    (Clause 1, Report No. 15, 2008)

                                    By-law


 

BY-LAW 2008-63      A by-law to amend Speed By-law 105-71 (To implement a maximum speed of 40 kilometers per hour - 65M-3752, 65M-3877, 65M-3810, 65R-26665, Part 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610, 65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607, 65M-3864 and 65M-3796)

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-64      A by-law to amend Parking By-law 2005-188 (Parking restrictions on Williams Street, Olivia Drive, Gable Avenue and Chimenti Court - 65M-3752, 65M-3877, 65M-3810, 65R-26665, Part 4, 65M-3863, 65M-3651, 65M-3600, 65M-3610, 65M-3611, 65M-3612, 65M-3613, 65M-3614, 65M-3771, 65M-3607, 65M-3864 and 65M-3796)

                                    (Clause 1, Report No. 15, 2008)

                                    By-law

 

BY-LAW 2008-65      A by-law to amend Zoning By-law 2284-68, as amended (Woodjane Corporation, 8241 Woodbine Avenue - To delete subject lands from By-law 2284-68, as amended, so that the lands may be included within the designated area of By-law 165-80, as amended, to permit a two storey commercial plaza comprising of retail, restaurant and office uses).
(Clause 6, Report No. 5, 2008)

                                    By-law

 

BY-LAW 2008-66      A by-law to amend Zoning By-law 165-80, as amended (Woodjane Corporation, 8241 Woodbine Avenue - To permit a two storey commercial plaza comprising of retail, restaurant and office uses).
(Clause 6, Report No. 5, 2008)

                                    By-law

 

BY-LAW 2008-67      A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (To revise the lists for officers, enforcement companies and tagging locations).

                                    By-law

 

CARRIED

 

 


 

11.       IN-CAMERA ITEMS

 

Council consented to separate Clauses (2) and (3).

 

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

 

That Council report the following in-camera matter:

 

REPORT OF GENERAL COMMITTEE - March 17, 2008

 

(1)        LOGOS BAPTIST CHURCH (MILLIKEN)
            - CONVEYANCE OF PART 2, PLAN 65R-16587,
            ABUTTING 133 OLD KENNEDY ROAD (8.1)

 

That the confidential report entitled “Logos Baptist Church (Milliken) - Conveyance of Part 2, Plan 65R-16587, Abutting 133 Old Kennedy Road” be received; and,

 

That Part 2, Plan 65R-16587, abutting 133 Old Kennedy Road be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of March 25, 2008; and,

 

That staff be authorized and directed to take all actions as are set out in this report.

 

CARRIED

 

 

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Jones

 

That Council report the following in-camera matter:

 

REPORT OF GENERAL COMMITTEE - March 17, 2008

 

 

(2)        LEGAL MATTER REGARDING
            CENTENNIAL COMMUNITY CENTRE (6.6)

 

That the confidential report dated February 15, 2008 regarding a legal matter on Centennial Community Centre be received for information; and,

 

That staff be authorized and directed to take all actions as are set out in this report.

 

CARRIED

(Councillor C. Moretti abstained)

 


 

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

 

That Council resolve into an in-camera session to discuss Clause (3) regarding Committee of Adjustment Decision for 8111 Kennedy Road.

 

CARRIED

 

 

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Jones

 

That Council rise and the Chair report the following from in-camera session:

 

REPORT OF DEVELOPMENT SERVICES COMMITTEE - March 25, 2008

 

(3)        1475398 ONTARIO INC. APPEAL OF
            COMMITTEE OF ADJUSTMENT DECISION
            REGARDING 8111 KENNEDY ROAD, MARKHAM
            COMMITTEE OF ADJUSTMENT FILE NO. A/110/07
            LEGAL FILE NO. 07 0511 LG 0431 (8.0)

 

That the report entitled “1475398 Ontario Inc. Appeal of the Committee of Adjustment Decision regarding 8111 Kennedy Road, Markham” be received; and,

 

That the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board hearing scheduled for April 25, 2008 to advise the Ontario Municipal Board that the Town and the Appellant, 1475398 Ontario Inc., are in agreement with the approval of the application to permit outdoor motor vehicle storage for the existing BMW automobile dealership for a temporary period not more than 5 years, as set out on the revised plan attached to this Report and subject to the conditions attached to this Report, and for the Town Solicitor in consultation with the Commissioner of Development Services to execute all documentation required to give effect to the proposed settlement including any minor revisions to the plan or conditions of approval.

 

CARRIED

 

 

Moved by Regional Councillor T. Wong

Seconded Councillor J. Virgilio

 

That the report be adopted, approved and confirmed.

CARRIED

 

 


 

12.       CONFIRMATORY BY-LAW

 

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

 

That By-law 2008-68 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2008-68      A by-law to confirm the proceedings of the Council meeting of March 25, 2008.
(Council Meeting No. 4, 2008)

                                    By-law

CARRIED

 

 

 

13.       ADJOURNMENT

 

Moved by Councillor L. Kanapathi

Seconded by Councillor D. Horchik

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 9:45 p.m.

 

 

 

 

 

 

___________________________________              __________________________________

KIMBERLEY KITTERINGHAM                               FRANK SCARPITTI

DEPUTY CLERK                                                       MAYOR

 

(Signed)